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The state of New York has statues in place that ban the selling of cigarettes via direct shipping to New York consumers. A lawsuit was filed in the district court of New York stating that it is unconstitutional to ban out of state vendors from selling and direct shipping cigarettes to New York consumers. The New York statue is forbidding the out of state sale of cigarettes based on protection of public health of consumers and state tax that will be lost from sale revenue.
The federal Commerce clause will play a major role in evaluating the New York statue being that it is an interstate commerce issue and cigarettes are being sold across states...
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